[R.O. 2008 §100.150; Ord. No. 4882 §1, 5-14-1990; Ord. No. 7074 §§1 — 2, 12-22-2008]
A.
The City of Maryville, Missouri, strives to ensure that all programs it undertakes are established in a manner by which all residents of the City have an equal opportunity to participate in such programs, regardless of the such residents disability, as defined within the Americans with Disabilities Act (hereinafter, "ADA").
B.
Any Maryville resident who believes that they have been discriminated against because of handicapped status under the ADA (hereinafter, "Claimant") shall have a right to file a written grievance.
C.
The Grievance Procedure of the City of Maryville, Missouri, shall be as follows:
1.
If any claimant feels he or she has been discriminated against by the City of Maryville under the ADA (hereinafter, the "Discriminatory Act"), the claimant shall immediately deliver to the City Manager's office claimant's written discrimination grievance stating the following:
a.
Claimant's full name, address and telephone number.
b.
The department name and the location in which it is alleged that the Discriminatory Act occurred.
c.
A description of the Discriminatory Act, the date or dates of the Discriminatory Act(s), and the name or names of the City employees who claimant believes acted in a discriminatory manner.
d.
The nature of the claimant's handicap and how such handicap affects claimant.
e.
Other information that claimant believes necessary to support their grievance.
Grievances made which do not include the necessary information shall be returned to the claimant for further information. No action shall occur until a fully-completed grievance has been received. | |
Within twenty (20) working days following the receipt of the written grievance described above, the City Manager shall investigate the factual basis, if any, for the grievance and shall hold a meeting with the claimant. Within ten (10) working days after such meeting, the City Manager shall notify claimant of the decision as to whether such grievance is valid and, if so, what corrective action will be done by the City. If the City Manager does not believe the grievance has merit, the claimant shall be so advised and, if so, will be advised why such a decision was made. |
2.
If satisfaction is not achieved by the above procedure or notification is not mailed within ten (10) working days from the date of the meeting with the City Manager, the claimant may then present the grievance to the City Council. A written appeal must be made to the City Council within forty-five (45) calendar days from the date of the meeting, whether a notification is received from the City Manager or not. The hearing will be conducted in an informal manner and the City Council shall make every effort to avoid the appearance of conducting a trial in a court of law. The written grievance appeal shall state the following:
3.
No later than ten (10) working days after receipt of the written appeal, the City Council shall fix a time and place for convening a hearing. Within forty-eight (48) hours after the hearing, findings and recommendations will be submitted in writing to the claimant.
4.
Claimant's failure to attend or notify the City Council of his/her inability to attend will constitute just cause for dismissal of the grievance. In order to be effective, the inability to attend the hearing must be communicated by the claimant to the City Clerk and must be no later than twenty-four (24) hours prior to the hearing.
5.
No portion of this grievance procedure is intended to award compensation to any claimant for any alleged Discriminatory Act, but rather is solely intended to allow a means of curing by corrective action a situation that is occurring within a City department.
D.
Issues Regarding Employees. The City of Maryville will not discriminate in the hiring, promotion, disciplining or removal of any City employee on the basis of handicapped status. The City of Maryville has adopted an Employee Handbook, Grievance Procedure, Ordinance No. 7058, which is on file in the City Clerk's office and made a part hereof and is hereby adopted as the official grievance procedure for employees of the City of Maryville, Missouri.